Wis. Admin. Code Department of Corrections § DOC 379.07 - Visitation

(1) POLICY. The department shall administer a visiting program that regulates visitation of youth by family members and other persons consistent with program goals and resources available, the department's responsibility for the secure and orderly operation of institutions, public safety and the protection of visitors, staff and youth.

(2) VISITING LIST.

(a) There shall be an approved visitor list for each youth. A youth's approved visitors list shall show the name, date of birth, address and relationship to the youth of all approved visitors.

(b) Except as otherwise provided in this chapter, only visitors on a youth's approved list will be permitted to visit the youth. To the extent compatible with program goals and institution needs, a youth shall be permitted to receive visits from close family members. If the superintendent grants prior approval, other relatives, friends, or interested persons may also visit.

(c) Children of the youth and children of approved visitors who have not attained their 18th birthday may visit. Children of the youth and approved visitors may not visit unless they have the written approval of a non-incarcerated custodial parent or guardian or a court order directing the visit. The names of children must appear on the approved visitors' list. Approved children may visit if accompanied by an approved adult, subject to exceptions that may be granted by the superintendent.

(d) All of the following procedures apply to proposed visitors:

1. A youth or proposed visitor may submit a written request to the superintendent asking that the proposed visitor be added to the list.

2. If additional information is required from a proposed visitor, staff shall send a questionnaire to a proposed visitor for completion and return to the institution. If the questionnaire is not returned, the request may not be approved.

3. If additional information is required from a youth, staff shall request the information from the youth. If the youth fails to provide the needed information, the request may not be approved.

4. A copy of the visiting rules shall be sent to each person on the approved visitors' list.

5. The superintendent may request a field investigation if further information is necessary.

(e) The superintendent may deny the addition of a person to the approved visitor's list or remove a person from the approved visitors' list based on any of the following:

1. The requesting youth provided false or incorrect information or knowingly provided incomplete information.

2. The proposed visitor provided false or incorrect information or knowingly provided incomplete information.

3. There is no signed and dated approval of a non-incarcerated custodial parent or guardian for a proposed visitor less than 18 years of age.

4. There are reasonable grounds to believe that the visitor has attempted to bring contraband into any correctional institution.

5. There are reasonable grounds to believe the visitor poses a threat to the safety and security of visitors, staff, youth or the institution.

6. There are reasonable grounds to believe that the youth's reintegration into the community or rehabilitation would be hindered.

7. There is a court order prohibiting a visit.

8. There are reasonable grounds to believe that the youth may victimize the proposed visitor or the proposed visitor may victimize the youth.

9. The proposed visitor has been arrested, incarcerated or under correctional supervision within the previous 12 months. Exceptions may be made for close family members under sub. (7).

10. A visitor was approved by mistake or based on inadequate or incorrect information.

11. The proposed visitor is a current or former employee of the department or a person who provided services to the department within the past 12 months and the proposed visitor has violated the department's policy regarding fraternization.

(f) The superintendent shall also determine, every 60 days, whether visits shall be no-contact visits, based on institution security or any of the following:

1. The visitor has violated department rules or institution policies and procedures relating to visiting at any institution operated by the department.

2. The visitor introduced contraband into any correctional institution, engaged in behavior that threatened the security of any correctional institution or interfered with the rights of others at any correctional institution.

3. The youth has been found guilty of a violation of department rules or institution policies and procedures relating to visiting.

4. The youth has violated s. DOC 373.46 relating to intoxicants and drug paraphernalia.

5. The youth is in close or modified confinement because of a major penalty.

(g) Consistent with available resources and program goals, an institution may place a reasonable limit on the number of persons on a youth's visitors' list. Youth shall retain visitors on the visitors' list for a minimum of 90 days from the date of approval, unless the superintendent waives this provision for cause.

(h) If a person is disapproved by the superintendent for visiting or approved for no contact visiting only, the youth and the person shall be informed of the reasons for the action in writing. A youth may appeal the decision using the complaint procedure in ch. DOC 380. The disapproved person may appeal the decision in writing to the superintendent who shall issue a decision within 15 days of receipt of the appeal and send a copy of the decision to the youth and the disapproved person.

(i) A youth may submit a written request to the superintendent for visits by family members not on the approved visitors list. The superintendent may permit occasional visits by family members not on the approved visiting list and may require notification from the family members in advance of the visits.

(3) REGULATION OF VISITS.

(a) Each institution shall develop written policies and procedures relating to youth in the general population concerning all of the following:

1. The time for visits.

2. Weekday, weekend and night visits.

3. The duration of visits.

4. The number or frequency of visits.

5. The number of visitors permitted on each visit.

6. Immediate termination of a visit for a violation of laws of the United States or of the state of Wisconsin, department rules or institution policies and procedures.

7. Items which may be brought into the institution during a visit.

8. The place of visits.

9. No-contact visiting.

(b) Institutions may require visitors of any age to provide picture identification or other identification before permitting the visit.

(c) Each institution shall develop written policies and procedures which may limit visitation for youth in major penalty status by issuing restrictions concerning specific visitors, visitors under the age of 18 years, number of visitors, and the hours for and the location of visits. Each institution shall permit a youth in a major penalty status to visit at least 1 hour per week.

(d) Each institution shall provide visiting access on weekends and some weekdays and evenings consistent with scheduled activities and available resources.

(e) Each institution shall permit a youth in the general institution population to have visits at least six hours per week in visits of such duration as the institution specifies under par. (a).

(f) Specific policies adopted under this section may include requirements necessary to manage the visiting population within the physical space and staff limitations of each institution.

(4) VISITS TO YOUTH ON CONTROL STATUS OR OBSERVATION STATUS. Visits to youth on control status under s. DOC 373.82(2) or observation status under ch. DOC 375 require the approval of the superintendent.

(5) SPECIAL VISITS.

(a) Public officials and members of private or public organizations who provide services to youth may visit with the approval of the superintendent. Prior arrangements for the visits shall be made with the superintendent to minimize interference with normal operations and activities. The superintendent may limit the number of visitors, visits and the duration of visits and restrict visitors to certain areas of the institution for security reasons.

(b) Attorneys, attorney assistants, approved law students and legal interns shall be permitted to visit their clients to provide professional services with the approval of the superintendent, consistent with institution security. The visits shall not count against the allowable number or hours of visits for a youth.

(6) NO CONTACT VISITING. The superintendent may impose no-contact visiting in response to an initial application to visit or upon subsequent review of the visiting status of a youth or visitor, consistent with sub. (2) (f).

(7) INTER-INSTITUTION VISITS BY FAMILY MEMBERS. The superintendent may approve visits between a youth and the youth's spouse, and between parents and children who are confined in a prison or another type 1 secured correctional facility within the state of Wisconsin. The criteria for approval are the same as for other visitors under this section.

(8) CONTACT DURING VISITS.

(a) Visitors are required to obey the laws of the United States and the state of Wisconsin, the department's rules and policies and procedures of the institution relating to visiting.

(b) Only physical contact approved by the superintendent is permitted.

(c) Youth and visitors may not pass or exchange items during a visit, unless the superintendent gives prior approval.

(9) SUSPENSION OR TERMINATION OF VISITING PRIVILEGES.

(a) The superintendent may suspend or terminate visiting privileges for a violation of the laws of the United States or the state of Wisconsin, the department's rules or those institution policies and procedures of which a youth or visitor had actual or constructive notice, consistent with s. DOC 373.65(3) (a) and (b), subject to the following:

1. The visitor and youth shall be informed in writing of the suspension or termination and the reasons for the action within 5 days of the violation.

2. The youth may appeal a decision of the superintendent by filing a complaint under ch. DOC 380 within 5 days of receipt of the decision. The visitor may appeal the decision by filing an appeal with the administrator, whose decision shall be final. The administrator shall issue a decision within 15 days of receipt of the appeal and send copies of the decision to the superintendent, the youth and the visitor. Failure of the administrator to issue a decision upholds the decision of the superintendent.

3. Termination or suspension of visiting privileges under this paragraph may be ordered by the superintendent to protect the security of the institution.

(b) If a youth is alleged to have violated any conduct rule under ch. DOC 373 during a visit, the youth's discipline under ch. DOC 373 may include suspension of visiting privileges with the visitor.

Notes

Wis. Admin. Code Department of Corrections § DOC 379.07

Cr. Register, June, 2000, No. 534, eff. 7-1-00.